Kavvadias, Dimitrious v Commonwealth Ombudsman [1984] FCA 53

Kavvadias, Dimitrious v Commonwealth Ombudsman [1984] FCA 53

Section 38 of the Freedom of Information Act does not apply to the Ombudsman Act's prohibitions, as those relate to officers' duties and not the nature of the information; therefore, the draft report is not exempt solely by reference to s.38, and the Tribunal erred by not considering the amendments to the Act.

Source-derived case information.

Parties
Applicant: Dimitrious Kavvadias; Respondent: Commonwealth Ombudsman
Jurisdiction
Australia
Judgment Date
23 March 1984
Procedural Posture
Appeal / On Appeal From the Administrative Appeals Tribunal
Outcome
Appeal allowed; decision of the Tribunal set aside; matter remitted for further hearing.
Legal Topics
Document Exemption Under S.38 of Freedom of Information Act 1982, Statutory Interpretation, Ombudsman Act Prohibitions, Access to Government Documents
Administrative Law Freedom of Information Document Exemption Under S.38 of Freedom of Information Act 1982 Statutory Interpretation Ombudsman Act Prohibitions Access to Government Documents

Source-derived case record

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Parties

Dimitrious Kavvadias

Applicant

Commonwealth Ombudsman

Respondent

Procedural Posture

Appeal / On Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether a draft report by the Commonwealth Ombudsman is exempt from access under s.38 of the Freedom of Information Act 1982
  2. 2 Whether the Ombudsman Act 1976 prohibits disclosure of information in the document as required by s.38

Ratio Decidendi

Section 38 of the Freedom of Information Act does not apply to the Ombudsman Act's prohibitions, as those relate to officers' duties and not the nature of the information; therefore, the draft report is not exempt solely by reference to s.38, and the Tribunal erred by not considering the amendments to the Act.

Court Disposition

Appeal allowed; decision of the Tribunal set aside; matter remitted for further hearing.

Orders

  • The appeal be allowed.
  • The decision of the Tribunal be set aside.